Whole Act
30 provisions in continuous reading order
Loading the complete Act…
This Act may be cited as the Auctioneers Act 1935.
"The Auctioneers Act, 1862" of the State of South
Australia (No. 9 of 1862), in its application to the Territory, is repealed.
In this Act, unless the contrary intention appears:
approved means approved by the Board.
auctioneer means a person who sells by auction or offers for sale by auction.
auctioneer's licence means an auctioneer's licence granted under this Act.
Board means the Agents Licensing Board established under section 6(1) of the Agents Licensing Act 1979.
clerk's licence means a clerk's licence granted under this Act.
licence means a licence granted and in force under this
Act and includes both an auctioneer's licence and a clerk's licence.
prescribed fee means a fee prescribed under section
3AB.
Registrar means the Registrar of Land, Business and
Conveyancing Agents appointed under section 8(1) of the Agents
Licensing Act 1979.
sale by auction has a corresponding meaning to sell by auction.
sell by auction means sell any property by outcry, knocking down of hammer, candle, lot, parcel, instrument, machine, or any other mode of sale whereby the highest or the lowest bidder is the purchaser, or whereby the first person who claims the property submitted for sale at a certain price named by the person acting as auctioneer is the purchaser, or whereby there is a competition for the purchase of any property in any way commonly known and understood to be by way of auction.
3A Delegation
The Minister may delegate any of the Minister's powers and functions under this Act to the Chief Executive Officer of the Agency or a public sector employee.
The Board may delegate any of the Board's powers and functions under this Act to the Chief Executive Officer of the Agency or a public sector employee.
Subject to this Act, a person shall not:
(a) carry on business as an auctioneer unless he holds an auctioneer's licence; or
sell or offer to sell by auction unless he holds:
an auctioneer's licence; or
a clerk's licence,
which is in force under this Act.
Maximum penalty: 100 penalty units.
(1) A person who is of or over the age of 18 years may, in the approved form, apply to the Board for an auctioneer's licence.
An application for an auctioneer's licence must specify:
a licence period of 1 year, 3 years or 5 years; and
the applicant's full name and business address; and
any other matters as approved.
(3) The application must be accompanied by the prescribed fee for the licence period specified in the application.
(4) If the application is refused, the prescribed fee must be refunded to the applicant.
(1) A person who holds an auctioneer's licence, may, at any time within 14 days before the date upon which the licence will expire, apply in the approved form to the Board for a renewal of that licence.
(2) An application for the renewal of an auctioneer's licence must specify:
a licence period of 1 year, 3 years or 5 years; and
any other matters as approved.
(3) The application must be accompanied by the prescribed fee for the licence period specified in the application.
(1) Subject to this section, the Board must grant or refuse to grant an auctioneer's licence or a renewal of an auctioneer's licence within 28 days of receiving an application.
(2) The Board must not grant an auctioneer's licence or a renewal of an auctioneer's licence unless the Board is satisfied:
that the applicant for the licence or renewal:
is of or over the age of 18 years; and
is a person of good character; and
is a fit and proper person to hold an auctioneer's licence; and
that the prescribed fee has been paid.
(3) If the Board refuses to grant an auctioneer's licence or a renewal of an auctioneer's licence, the Board must give written notice of the refusal to the applicant.
NTCAT has jurisdiction to review a decision (a reviewable decision) of the Board specified in the Schedule.
An affected person, for a reviewable decision, is a person specified in the Schedule for the decision.
An affected person for a reviewable decision may apply to NTCAT for review of the decision.
Note for section 8
The Northern Territory
Civil and Administrative Tribunal Act 2014 sets out the procedure for applying to NTCAT for review and other relevant matters in relation to reviews.
If NTCAT orders that a licence be granted or renewed following the review of a reviewable decision under section 8, the Board must promptly issue the licence to the applicant.
An auctioneer's licence, unless sooner cancelled or suspended, remains in force:
from the date on which it is granted until the end of the licence period specified in the application for the licence; or
if the licence is renewed – from the date of renewal until the end of the licence period specified in the application for renewal.
A person who holds an auctioneer's licence may, in the approved form, apply to the Board for the grant of a clerk's licence to a person employed by the holder of the auctioneer's licence.
(1) Subject to this section, the Board may grant or refuse to grant a clerk's licence to a person employed by the holder of an auctioneer's licence.
(2) The Board must not grant a clerk's licence unless the Board is satisfied:
that the person in respect of whom the application is made:
is of or over the age of 18 years; and
is a person of good character; and
is a fit and proper person to conduct sales by auction; and
is employed by the holder of an auctioneer's licence; and
that the prescribed fee has been paid.